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Apr 22, 2013
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the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the follow-up. >> all right. thank you so much for those insights. up next, the international connection. a whole host of theories about the boller's motives. what if anything did his beck ground play? ♪ if loving you is wrong ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it. plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell h
the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the...
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Apr 22, 2013
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there's a lot we can do prior to miranda warning with public safety expectation. there's a threat to the public. we can accomplish a lot of the information gathering we need to under a constitutional structure without establishing a precedent where we'll treat americans like enemy combatants and throw them in a brig without having legal or constitutional right to do so. >> we know there's been back and forth with him doing some writing. from a national security standpoint, congressman, do you want to know? >> we want to know if there's further risk to the public and other co-conspirators out there that pose a risk. was there foreign direction? foreign players still involved in this. how did they organize this? was this self-directed by these two or was there foreign direction? you can imagine over the next weeks and months that's what the intelligence agencies are going to be poring through. we'll know as much as we possibly can about every day in their lives over the last few years, every trip they made, every person they talked to. every family member that can b
there's a lot we can do prior to miranda warning with public safety expectation. there's a threat to the public. we can accomplish a lot of the information gathering we need to under a constitutional structure without establishing a precedent where we'll treat americans like enemy combatants and throw them in a brig without having legal or constitutional right to do so. >> we know there's been back and forth with him doing some writing. from a national security standpoint, congressman, do...
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Apr 20, 2013
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it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrogating this guy? >> well, during this period of the public safety exemption,
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say...
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Apr 21, 2013
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he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and exclusively relying on the public safety exception of miranda could very well be a national security mistake, they call it. they could severely limit our ability to gather critical information about future attacks from this suspect. alex? >> okay. thank you for that latest from the white house, peter alexander. >>> some staggering numbers associated with the world's biggest marathon and a massive security effort trying to prevent another attack. we have a live report next. >>> and boston strong, some poignant and defiant moments as the city returns to life. [ male an
he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and...
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but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of relief and gladness and happy for all of tholce who are involved. i have a cold, and i took nyquil, but i'm still "stubbed" up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] it doesn't have a decongestant. no way. [ male announcer ] sorry. alka-seltzer plus fights your worst cold symptoms plus has a fast acting decongestant to relieve your stuffy nose. [ sighs ] thanks! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] to learn more about the cold truth and save $1 visit alka-se
but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of...
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do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just hope they don't go over that line. they have to make sure that they stay in that line you you want any prosecution to hold up. you want this person to be held accountable. >> what about treating him as an enemy combatant? what is your take on that? >> i don't know all the facts here to establish that yet. i'm not sure that most of us that aren't intimately involved with the investigation know all the niceties involved in making that determination. i would hesitate to make a leap to that point without having quite a bit more information. >> massachusetts congressman john tierney. congressman, than
do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just...
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Apr 22, 2013
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and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have outside help, do you think? >> that's an excellent question. i'm sure in the coming days and weeks, law enforcement, the press will uncover virtually every aspect of the lives of these individuals, including the answer to that question. i do know that it is relatively and probably shockingly easy to assemble the components to make a bomb from things you can obtain in the united states. and there are terrorist organizations overseas that have instructions online for how to do that. and so it's something that we ought to look carefully at from the law enforcement p
and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have...
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roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ] bjorn's small business earns double miles on every purchase every day. produce delivery. [ bjorn ] just put it on my spark card. [ garth ] why settle for less? ahh, oh! [ garth ] great businesses deserve unlimited rewards. here's your wake up call. [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose double miles or 2% cash back on every purchase every day. what's in your wallet? [ crows ] now where's the snooze button? departure. hertz gold plus rewards also offers ereturn-- our fastest way to return your car. just note your mileage and zap ! you're outta there !
roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ]...
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lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when there's a public safety emergency we don't have to give miranda warnings. this is going to be very, very controversial, and then senator mccain under the ante by saying this is an enemy combatant and you should treat the case in accordance with the rules of war. what that means is mccain is saying the guy doesn't deserve a jury trial. he's going to be, i don't know whether mccain is suggesting he'd be shipped off to guantanamo, which that would be a radical departure from the way justice is handled in the united states, particularly where a naturalized american citizen is involved and at
lot of people think if the cops don't read you your miranda rights, the case gets dismissed. that's not true. the only thing that happens is if you confess, the confession can't be used in the trial against you. if there's other evidence to convict you, you can still be convicted. so a lot of people think oh, gee, i didn't get my rights, case dismissed. so we start with that presumption, but now we're getting into this more interesting issue because the justice department is saying well when...
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Apr 23, 2013
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so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to justice, and also get the information that may be important to prevent future attacks and also provide answers that may help bring closure to the victims and the families of the victims. you know, there are some challenges, of course, with respect to the designation of enemy combatant. people forget that once that happens, dealing with an american citizen and what he will do is file habeas petition challenging that designation, raising again this question does the president on his own authority can he designate an american citizen enemy combatant which was an issue that came up with al awlaki. wh
so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to...
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the suspect has not been myrrh an di -- mirandaized. and broadly asserted by the obama administration, tonight the president spoke of what appears to be the end of the first chapter of this national episode. >> in this age of instant reporting, tweets and blogs, there's a temptation to latch on to any bit of information, sometimes to jump to conclusions, but when a tragedy like this happens, with public safety at risk and the stakes so high, it's important that we do this right. that's why we have investigations. that's why we relentlessly gather the facts. that's why we have courts. that's why we take care not to rush to judgment, not about the motivations of these individuals, certainly not about entire groups people. >> after a day in which the greater boston area was in lockdown, a virtual ghosttown, nearly as far as we can tell, unprecedented. less than an hour after the curfew was lifted this was the result. >> a man had gone out of his house after being inside the house all day bading by our request to stay inside. he walked outs
the suspect has not been myrrh an di -- mirandaized. and broadly asserted by the obama administration, tonight the president spoke of what appears to be the end of the first chapter of this national episode. >> in this age of instant reporting, tweets and blogs, there's a temptation to latch on to any bit of information, sometimes to jump to conclusions, but when a tragedy like this happens, with public safety at risk and the stakes so high, it's important that we do this right. that's...
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Apr 21, 2013
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is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will have to be mirandized, doesn't mean the end of cooperation, but no basis yet to conclude they should be treated at enemy combatants. we're talking about an american citizen on american soil. there's no evidence that i've seen yet that they were a part of an al qaeda cell or directed by a foreign government. we're very far afield from a situation which is sort of the paradigm for enemy combatant status. that is, someone captured on the balg battlefield in a theater of war. resist these charges as an enemy combatant. the court has proven capable
is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will...
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. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his heart and who is close to heart andse the leverage. misrepresent the facts, they will be arrested. >> gregg: the supreme court has said so. >> one thousand percent. this is the perfect scenario. all the leverage is on the side of the investigators. he has no idea. he is 19. he is dumb as rocks. he failed six out of seven classes in college. he forgott surveillance video existed in america by the bombing on monday. he is naive and impressionable. they can get to i am. >> gregg: you want to look at all electronic communications and personal property and his car. anybody he might have
. >> gregg: we have toe concerned about miranda rights -- that is irrelevant. there is plethora of evidence and he allegedly confessed to the carjacking. so what do you want to do is fi out other planned attacks and accomplices? >> absolutely. you want to find out who was involved in a broader plan, if there is a broader plan. at were all the bombs that were thrown athe police, where were they slated for and is there anybody else lurking i the wings? the trick will be to chip to his...
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i would say this from the standpoint of a miranda case. the purpose from miranda in part is to keep someone from being coerced and incriminating himself. that ship's sailed. nobody needs any testimony from the murderer about his culpabili culpability. we should put this in perspective. this man is clearly guilty. there is no problem, you know. the miranda rights is anything you say can be held against you. he doesn't have to say anything. they can be held against him and his vicious deeds. this is in a vacuum. i don't think it's going to make much of a difference. >> on the other side, councilman, i'm sure you're not surprised, the aclu says, look, how heinous the crime you don't put aside your rules and regulations that are in place, and so that's one side of it. the other side of it, which goes even further than this public safety exception is the four members of the u.s. senate. you have peter king, the congressman, who are saying, forget that. he should be treated as an enemy combatant. should it go that far? >> no. by the way, i am su
i would say this from the standpoint of a miranda case. the purpose from miranda in part is to keep someone from being coerced and incriminating himself. that ship's sailed. nobody needs any testimony from the murderer about his culpabili culpability. we should put this in perspective. this man is clearly guilty. there is no problem, you know. the miranda rights is anything you say can be held against you. he doesn't have to say anything. they can be held against him and his vicious deeds. this...
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Apr 21, 2013
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that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for ironing all that out for us. >>> the legal questions over whether dzhokhar tsarnaev be tried as an enemy combatant, we'll take it further after the break. are you still sleeping? just wanted to check and make sure that we were on schedule. the first technology of its kind... mom and dad, i have great news. is now providing answers families need. siemens. answers. it shows. we don't run like that. we build john deere equipment the way we always have: the right way. times change. our principles don't. you don't just have our word on it. yo
that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for...
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an obama administration official telling nbc news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and those involved in tracking tsarnaev down. >> americans refused to be terrorized. ultimately, that's what we'll remember from this week. that's what will remain, the stories of heroism and kindness, resolve and resilience, generosity, and love. >> authorities caught up with the suspect after a tip from a watertown resident. he was hiding in a boat parked outside a home. he is now in a boston hospital and nbc's ron allen is joining me from there. ron, with a good afternoon to you, let's get the very latest on his condition. are you getting word from the hospital or are they staying somewhat silent on tha
an obama administration official telling nbc news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and...
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he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
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we know i think that is all part and parcel of the story, and i think also we would have heard pre-miranda whether or not during the public safety exception if he had provided any information about imminent threat, additional plans, additional co-conspirators. because we haven't heard from any government sources on it, we should conclude there was nothing else in terms of imminent threat. the next step is to get all of the statements from tsarnaev and then corroborate them. to corroborate them through into good intelligence work, through question and answering with russian intelligence, going through the computers, the phone records to see if what tsarnaev has said now in a hospital bed tracks with the other information we're going to be able to uncover. >> roger, how does it track with the fact that these guys were so inadequately supported that here they are doing a carjacking, grabbing a guy, try to get him to go to the atm, because whatever money they've had has been spent on fire power and pressure cookers and they don't have enough money to get out of town. >> so what is also part of
we know i think that is all part and parcel of the story, and i think also we would have heard pre-miranda whether or not during the public safety exception if he had provided any information about imminent threat, additional plans, additional co-conspirators. because we haven't heard from any government sources on it, we should conclude there was nothing else in terms of imminent threat. the next step is to get all of the statements from tsarnaev and then corroborate them. to corroborate them...
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. >> he did not need to see his miranda rights read to him in bed. it's laughable. >> the enemy is radical islam. >> i'd waterboard him, myself. >>> you are about to look live at a press conference in boston. where governor deval patrick and mayor thomas menino are about to speak about the formation and purpose of the one fund boston campaign. designed to assist those who are affected by last week's bomb attacks. this takes place as dzhokhar tsarnaev lies in a hospital bed facing charges. his condition now reported as fair. more than a week after the bombing, 45 of the scores of wounded remain hospitalized, and at least 13 have lost limbs. for the victims, the physical and emotional toll comes with a very real financial one as well. massive bills for trauma care, prosthetic limbs and even home modifications. not to mention, lengthy physical rehab and psychological counseling. as such, one fund boston is stepping in to help. already raising over $10 million for victims and their families. and while the injured struggle with recovery, the families of t
. >> he did not need to see his miranda rights read to him in bed. it's laughable. >> the enemy is radical islam. >> i'd waterboard him, myself. >>> you are about to look live at a press conference in boston. where governor deval patrick and mayor thomas menino are about to speak about the formation and purpose of the one fund boston campaign. designed to assist those who are affected by last week's bomb attacks. this takes place as dzhokhar tsarnaev lies in a...
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but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands of images, finding these two guys. is this a call now for more cameras in big cities? >> certainly. this is an evolution. i'm just back from london, which is probably the most failed city in the -- survveiled city in the world. we're getting money to put coordinated cameras, public safety cameras into new york. holding back most american cities now are funds. they're laying police officers. if they can't hire police, they don't have money for cameras. most of the images i saw related to the identification of these two kids were from private cameras, lord & taylor, diff
but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands...
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from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
from dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he...
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Apr 21, 2013
04/13
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. >> there's been a lot of attention paid to the fact miranda rights were not immediately read to him. governor patrick said in the opening, said last night, the suspect is not in condition to talk at this moment. is there any indication how long they can go before having to read miranda rights to him if they are going to get the chance to interrogate him without the warning, without access to a lawyer? >> reporter: a very good question. one that i think is likely to be litigated. now what the justice department is saying that they want to use this special high-value interrogation team to question him without reading him his miranda rights, under the public safety exception. and the -- question and that has been defined as 48 hours. they have 48 hours to question him before they read him his rights. now, the aclu and the federal public defenders office here in boston which says -- said yesterday they expect to represent tsarnaev. they are challenging that and saying that they -- the government may be stretching it here. and, frankly, actually, the longer this goes on, the longer that
. >> there's been a lot of attention paid to the fact miranda rights were not immediately read to him. governor patrick said in the opening, said last night, the suspect is not in condition to talk at this moment. is there any indication how long they can go before having to read miranda rights to him if they are going to get the chance to interrogate him without the warning, without access to a lawyer? >> reporter: a very good question. one that i think is likely to be litigated....
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Apr 23, 2013
04/13
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he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist prosecution. they don't have to prove intent to terrorize, intent to intimidate. they can prove their case just through the videotapes. now, i predict there are going to be two types of possible defenses in this case. number one, the jihad defense. i did it, i'm proud, i'm happy, please kill me, i want to join my brother in paradise. i'm a martyr. the other, my brother made me do it, i am innocent, look at my face, look at my high school record, i really didn't mean it, don't give me the death penalty. i think from what we have heard now, the jihad defense seems like it is off the table. he is prepare
he's been given his miranda warnings and probably anything he said without his miranda warnings is not going to be needed by the government or the prosecution. remember, they did not indict him as a terrorist, that's very important. they indicted him as an ordinary murderer, anybody who wants to kill their mother-in-law, business partner and makes an improvised explosive device and kills them is just as guilty under the statute indicted as osama bin laden might be. this is not a terrorist...
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Apr 24, 2013
04/13
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you would not have mirandaized this kid as soon as they did. >> right. i think you're entitled for at least a certain period of time to determine whether he's an enemy combatant or not and we haven't gotten to the bottom of that. really their investigation has just started. we don't know what support network he had. if he fits into the category of the enemy that congress has defined in authorizing military force, he's an enemy combatant and can be detained indefinitely. >> steve: you probably would have said let's call him an enemy combatant and then down the road, haul him into criminal court? >> yeah. i would mute my criticism of the administration in that regard. theres no current legal authority to try him any place other than civilian court. you can't try an american citizen by military commission. so he had to go to civilian court anyhow. >> steve: in the first world trade center bombing, the blind sheik was held responsible for that. but he's alive. he didn't wind up with the death penalty because on a federal level, it didn't exist back then. >>
you would not have mirandaized this kid as soon as they did. >> right. i think you're entitled for at least a certain period of time to determine whether he's an enemy combatant or not and we haven't gotten to the bottom of that. really their investigation has just started. we don't know what support network he had. if he fits into the category of the enemy that congress has defined in authorizing military force, he's an enemy combatant and can be detained indefinitely. >> steve:...
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Apr 20, 2013
04/13
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they won't give him his miranda warning about his right to remain silent. they will simply use a federal law, a rule, that says when there's an issue of public safety, they can use an exception to the miranda rule that allows them to find out if there's any imminent threats, any additional accomplices, any other plots, any other explosives out there. but that only lasts, say, maybe two days and then they'll have to give him his miranda warning. and the justice department says often even in cases like this people continue to talk anyway. >> even though he wasn't mirandized and that was a question that was asked last night at the briefing -- >> right. >> -- right after he was taken into custody, he doesn't lose his rights, right? >> well, he has -- that's right. i mean, he doesn't have to say -- he can't be compelled to talk. if he refuses -- if he just sits there and doesn't answer any questions, they can't make him answer the questions. but the one right that is sort of suspended is, normally speaking if the police ask -- if you're in custody and the police
they won't give him his miranda warning about his right to remain silent. they will simply use a federal law, a rule, that says when there's an issue of public safety, they can use an exception to the miranda rule that allows them to find out if there's any imminent threats, any additional accomplices, any other plots, any other explosives out there. but that only lasts, say, maybe two days and then they'll have to give him his miranda warning. and the justice department says often even in...
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Apr 17, 2013
04/13
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. >> if they're just an american citizen or if they're considered enemy combatant, about miranda warnings, about habeas corpus, how fast do we have to release him or how fast do we have to put them in front of a judge or how long can we keep them and question them? >> bill: these are all great points. let me slow you down just a moment here. >> sure. sorry. >> bill: if you want -- if you want to go out and make an arrest, perhaps you have your eye on someone and you got a street address, apartment number. but maybe there is more than one person. maybe there is two or three. and there is a real danger in putting out public information. if you could be showing your hand and tipping off others that could be people that you want to talk to. that's the category and area that could be very dangerous. >> another possibility here is that the boston police department jumped the gun. the f.b.i., my understanding, is in control of the situation, and believe me, there is a real higher arcky throughout the country when the feds come in, they come in and they take over and they're the chain of command,
. >> if they're just an american citizen or if they're considered enemy combatant, about miranda warnings, about habeas corpus, how fast do we have to release him or how fast do we have to put them in front of a judge or how long can we keep them and question them? >> bill: these are all great points. let me slow you down just a moment here. >> sure. sorry. >> bill: if you want -- if you want to go out and make an arrest, perhaps you have your eye on someone and you got...
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Apr 17, 2013
04/13
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if he is a foreign national, he should be held by a military tribunal and not read his miranda rights. yes, susan collins, a voice of reason and bipartisan reason. telling reporters that if the person apprehended happens to be a foreign national -- what a disgrace and what an insult to the american system of justice. and what ignorance. the fifth amendment of the constitution which protects the right to due process is quite clear about who it applies to. it reads no person shall be held to answer for capital or otherwise infamous crime unless on a presentment or indictment of a grand jury. nor be deprived of life, liberty of process. not no citizen, no person. french national is arrested in a bar fight, he gets access to a lawyer, is arraigned, charged and tried. we don't have some special carve out in the law for foreigners. our laws are our laws. and yet 12 years after the horrors of 9/11, we created a new special carved out area of law. we have a republican rushing to repeat the same mistakes, to place the perpetrators outside of our normal league system. susan collins should take
if he is a foreign national, he should be held by a military tribunal and not read his miranda rights. yes, susan collins, a voice of reason and bipartisan reason. telling reporters that if the person apprehended happens to be a foreign national -- what a disgrace and what an insult to the american system of justice. and what ignorance. the fifth amendment of the constitution which protects the right to due process is quite clear about who it applies to. it reads no person shall be held to...
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Apr 22, 2013
04/13
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that window now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration violations and they apparently are friends of tamerlan tsarnaev. can you tell me any more about that? >> these are people, i presume he is talking about people detained in new bedford, massachusetts on friday evening. the fbi has been trying to investigate whether they had any knowledge of this. whether they had any role in it. they seem to have concluded that they don't. but they're being held for now on immigration charges pending further investigation. >> and before i let you go, i know you have more to cover. 2009, this police report of tamerlan tsarnaev being arrested on domestic violence allegations. that has bee
that window now has closed that limited scope that they were able to focus on before reading him his miranda rights? >> not necessarily. that could go independently. i guess now that they've had this initial appearance, i suppose that's a fair assumption. it isn't automatic but that's probably right. >> what about michael isikoff, our colleague is reporting that i.c.e. homeland security has focused on new bedford, massachusetts and two individuals were taken in for immigration...
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Apr 21, 2013
04/13
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was one of four republican lawmakers that released a statement yesterday applauding the suspension of miranda rights for the teenage suspect. he even suggested we haven't gone far enough. and advocated for labeling the suspect an enemy combatant. by defining this week's events as terrorism, we endow the violence with political meaning. when we call their homemade bombs but not adam lanza's bush master xm 15 rifle weapons of mass destruction, we sent out a trajectory for the prosecution when we focus on months that one suspect spent overseas rather than the years that both spent in the u.s. we assume a limited geography for the incubation of evil. so here we go. the crisis is over and the politics begin. folks, this is actually the most dangerous part. with me at the table today is msnbc contributor and georgetown university professor, michael eric dyson. valerie core, a writer and fi filmmak filmmaker. co-host of the cycle and robert pape, director of the project security and -- >> bb, let me start with you. what do you think happened this week? >> what i think happened is we had homegrown te
was one of four republican lawmakers that released a statement yesterday applauding the suspension of miranda rights for the teenage suspect. he even suggested we haven't gone far enough. and advocated for labeling the suspect an enemy combatant. by defining this week's events as terrorism, we endow the violence with political meaning. when we call their homemade bombs but not adam lanza's bush master xm 15 rifle weapons of mass destruction, we sent out a trajectory for the prosecution when we...
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Apr 22, 2013
04/13
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just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an attorney present. if an attorney is present, the attorney will simply say to the client, you -- don't answer questions. at that point, the attorney is the person the prosecutor is supposed to deal with. i have to say, there is information out there that we don't have. whether an attorney was present, whether this was an actual arraignment, i think we just need to hold off on that until we get more information. >> we're holding off. still so early this all happened. >> before we let deb feyerick go and chase down that lead she was referring to, deb, i was wondering, is there anything else that sta
just to confirm, this -- dzhokhar tsarnaev has not yet been read his miranda rights, correct? >> i have to say i don't know. because there was an initial appearance today, that's why this complaint is out. the circuit executive, the administrator of this area, has put out a statement saying there was an initial appearance before a magistrate judge. that is as far as i understand it an arraignment. i have never heard of an arraignment without an attorney present. they didn't mention an...